Carmichael Tile Co. v. Bayley & Co.

This was a suit, in two counts against a contractor, to recover a sum of money alleged to be due the plaintiff on a written order to it, signed by the defendant as the agent of the owner of a building to be erected by the defendant, for certain material to be furnished and made a part of the building by the plaintiff. The petition alleged that the plaintiff complied with all the provisions of the order, furnished and installed the material, and that the building was completed and turned over to the owner, who paid the defendant what was due it under a written contract signed by the defendant…